Chris Maresca 's Techdirt Comments

Latest Comments (148) comment rss

  • On the post: CIA Cannot Find Its Own Regulations On How To Declassify Documents

    Chris Maresca ( profile ), 13 Jun, 2012 @ 08:56am

    It's not lying.

    FOIA request can easily be turned down if you do not have the SPECIFIC name of the document.

    You might describe it as a technicality or semantics, but it's very, very useful. The general reaction to the FOIA law in some parts of the gov't has been to name documents very obscure and obfuscating names. It's probably the case here and the actual name of the document can be further hidden through incomplete acronyms...

  • On the post: Why Patent Injunctions Are Even Worse For Open Source

    Chris Maresca ( profile ), 10 May, 2012 @ 09:57am

    In theory, maybe.

    In practice, not so much.

    Open source is not as affected by patents as most people seem to think. There are a few reasons for this:

    1. Large open source dedicated patent pools
    2. History of patent assertions against open source failing
    3. Newer licenses invalidate usage if user litigates
    4. Contributor agreements grant patent rights
    5. Newer licenses contain patent grants
    6. Generally better vetting than closed software
    7. Defense funds for key pieces of open source

    None of these are perfect, but they have worked well so far. I suspect that if a specific threat arose against widely used open source, the opposition against said threat would be rather formidable. A lot of this is a result of the SCO fiasco, which made the open source community hyper-aware of IP issues. Since then, they have done their best to mitigate any issues, far more than most corporations would do for their closed code.

    I would venture to guess that, if you are worried about patent risk, then using a piece of widely used open source is far safer than a closed source equivalent as the open source code is more likely to have been throughly vetted than any commercial software. And with commercial software, the only assurance you have is the vendor, there is no transparency, no public audit.

    BTW, open source usage is VERY widespread - from banking ATMs to running equity exchanges to the phone system to military command & control. As I said in another thread, it's just that open source doesn't have a PR dept, so no one ever knows about it's usage, but almost everyone uses it every day.

    Chances are, if you use any piece of technology, some part of it is reliant on open source at some level (even Windows).

    Chris.

  • On the post: The Stupidity Of Data Caps: No One Knows What A Megabyte Is

    Chris Maresca ( profile ), 16 Apr, 2012 @ 02:50pm

    Usage meters

    Quite a lot of people on this thread are saying that usage meters just don't work. I don't really understand - if ISPs are cutting people off, they must be tracking usage, if not, how can they justify cutting people off?

    And if they are going to cut people off, why don't they notify them beforehand?

    BTW, I don't have this issue (which is why I don't get it), my ISP has no usage caps, they actually encourage people to use more bandwidth and lower the prices every year or so (or include more services, like POTS lines). And my mobile data plan is unlimited except for tethering (and that's ridiculously high for the 3 times a month I use it)...

  • On the post: The Stupidity Of Data Caps: No One Knows What A Megabyte Is

    Chris Maresca ( profile ), 16 Apr, 2012 @ 02:44pm

    Re: Re: Nobody Needs To Know

    If you are on an 'unlimited' plan and you are suddenly throttled AND you use your connection for business, is it illegal restraint of trade?

    Just wondering....

  • On the post: Digital Native Government Agency Embraces The Power Of Open Source

    Chris Maresca ( profile ), 11 Apr, 2012 @ 09:56am

    Re: Re: They are not the only ones...

    For most organizations, the cost of re-training people to use open source desktops is far higher than the cost of paying for MSFT or whatever they already know (c.f. WordPerfect back in the day). Therefore the only places that open source really gets used is in backoffice systems that geeks maintain or in specialized areas (engineering, communications, etc).

    Plus, the reality is that open source has not produced a complete end-to-end replacement for MSFT's stack. There are still a lot of holes which make it impossible to realistically deploy at scale. The same is also true of OSX, so it's not just an open source problem.

    That's why you never see open source in offices, but offices are a fraction of computing systems in use. Even so, CFPB is not the first to go this route, parts of the military switched to open source desktops more than 10 years ago...

    Chris.

  • On the post: Digital Native Government Agency Embraces The Power Of Open Source

    Chris Maresca ( profile ), 10 Apr, 2012 @ 09:48pm

    They are not the only ones...

    I worked on major open source projects at DoC and DHHS in the mid '90s and built an open source strategy for 3 cabinet level agencies (Housing, Labor & USDA) in the early 2000's. In addition, I was part of a team that funded and pushed through standards certification of a number of open source projects, all of which were paid for by DoD in the mid-2000's.

    Open source is VERY widespread in the US government (and in the three other national governments I advised), it's just not widely known as there isn't a large PR budget to make everyone aware every time it is used.

    Just because no one knows about it doesn't mean open source use in the US Government is not widespread. In fact, I would guess that, based on my experience working with a number of foreign governments, the US government has among the longest, deepest and widest usage of open source, in some cases dating back 30 years or more. Not only that, but open source is often used and favored in the most sensitive environments.

    Finally, the procurement process is end-result driven, not many people actually care how the result is achieved as long as it meets the requirements. And attempts to dictate technology have generally been disastrous. Open source can be a good solution, mostly because it provides better operational flexibility and better margins for the contractor. Sometimes (like in a US Navy project I worked on in 2002) the lower cost results in much wider technology deployment.

    Chris.

  • On the post: Video Showcases The Many Perfectly Legitimate Reasons To Jailbreak A Device

    Chris Maresca ( profile ), 04 Apr, 2012 @ 03:56pm

    Re: Re: Re:

    They are not exempt per say, it's just that they only have to meet emissions requirements existing at the date of manufacture.

    Depending on where you live, there might be some (California started in '67 IRC) or none. You might be, however, exempt from testing requirements, but never exempt from whatever emissions requirements are applicable....

  • On the post: Video Showcases The Many Perfectly Legitimate Reasons To Jailbreak A Device

    Chris Maresca ( profile ), 04 Apr, 2012 @ 03:53pm

    Re: Re: Re:

    That is very illegal. There was actually a law passed specifically banning car companies from doing that.

  • On the post: Why Do The Labels Continue To Insist That 'Your Money Is No Good Here?'

    Chris Maresca ( profile ), 20 Mar, 2012 @ 09:58am

    Re:

    Ditto. I'd be willing to pay two or three times the license fee to access BBC content.

    But that option doesn't exist, so if it's not on iTunes, I'll have to get it elsewhere.

  • On the post: Why Do The Labels Continue To Insist That 'Your Money Is No Good Here?'

    Chris Maresca ( profile ), 20 Mar, 2012 @ 09:55am

    Re:

    Yup, BTDT, more than once. I actually looked into getting a credit card specifically for this, but it's just more trouble than torrents.

    Funny enough, if you do the math on popular shows like Top Gear, the potential revenues from very low fees (aka $1/episode) and very low conversion rates (e.g. 10% of downloaders) are staggering. In the hundreds of millions, perhaps even billions per year...

    One wonders how an industry could be so stupid to leave all that money on the table and then complain about loss of revenue.

  • On the post: Why Do The Labels Continue To Insist That 'Your Money Is No Good Here?'

    Chris Maresca ( profile ), 20 Mar, 2012 @ 09:49am

    Re: Re:

    [note: I am responding with my real name because I don't need to hide my opinion behind anonymity]

    CD stores have gone out of business because people who used to buy CDs now purchase their music online (when it's possible to do so). I taught a class last year at USF Business School and surveyed the students about their music buying habits. Fewer than 10% had bought CDs, 90%+ bought music online and 60% downloaded stuff illegally. That's why CD stores have gone out of business.

    *Record* stores, on the other hand, are thriving. There are four within a 5-min walk of my house. That's because DJs and other creative types find *records* more useful than CDs or digital media.

    CDs, as a medium, are over. The only people I see with portable CD players are homeless, everyone else has some sort of digital music player (typically an iPod).

    Records and digital music, however, are doing great. I know you don't really follow music news or you would have seen this: http://money.cnn.com/2012/01/05/technology/digital_music_sales/index.htm

  • On the post: A Terrifying Look Into The NSA's Ability To Capture And Analyze Pretty Much Every Communication

    Chris Maresca ( profile ), 19 Mar, 2012 @ 05:26pm

    Re: Re:

    http://www.pcworld.com/article/188581/the_googlensa_alliance_questions_and_answers.html

  • On the post: A Terrifying Look Into The NSA's Ability To Capture And Analyze Pretty Much Every Communication

    Chris Maresca ( profile ), 19 Mar, 2012 @ 05:21pm

    The irony here...

    ... is that the more data they collect, the harder it will be do meaningful analysis.

    Never mind the fact that the rate of data growth will always exceed search capabilities.

    Sure, you can crunch data to find 'patterns', but that assumes you actually know the existence of said patterns. And the reality is that more data makes finding 'patterns' much, much harder.

    In the end, all of this data will be good for one thing, retrospective analysis. It's going to be almost completely useless as a predictive tool.

  • On the post: SEC Goes After Those Offering Facebook Shares Pre-IPO

    Chris Maresca ( profile ), 16 Mar, 2012 @ 06:11pm

    Re:

    It's already happening. Quite a few companies go public on AIM in London and Prada recently went public in Hong Kong.

    It's generally much easier to access capital markets overseas vs the US, the reason more people don't do it is because of the added complexity.

  • On the post: SEC Goes After Those Offering Facebook Shares Pre-IPO

    Chris Maresca ( profile ), 16 Mar, 2012 @ 05:25pm

    Not that much of an issue

    1. SharesPost is in trouble because it didn't register as a broker and is brokering securities. Duh.

    2. Other markets have no issues and there are at least 1/2 dozen others. Besides, a very, very well informed source tells me that few shares are actually sold in any secondary transactions as companies almost always exercise their right of first refusal.

    3. The 500 shareholder limit is almost never an issue because it only applies to people in the US and most of the demand is from overseas. Also, most (all?) SEC rules related to private stock transactions only apply in the US, which is why quite a lot of secondary activities take place overseas.

    Really this is about the SEC going after people doing stupid things - e.g. brokering stock transactions without a license and advertising private stock for sale, both of which are big no-nos & finance 101. These people deserve to have the book thrown at them.

    Other than that, there is really no story here.

    Chris.

  • On the post: Prominent Rightwing Blogger Promises To Work Hard To Defeat Any Rightwing SOPA Supporters In Congress

    Chris Maresca ( profile ), 24 Dec, 2011 @ 01:10am

    Re: Re: Re:

    Google Disney's extension of copyright on a certain mouse.

    It should have been public domain by now. Learn your history.

    Corporations have been stealing from the public for the last 40 years by repeatedly extending copyright. Now the shoe is on the other foot and the only defense is ad-hominy attacks.

  • On the post: Author Puts Article Online, Insists That Due To Copyright, You Cannot Link To It

    Chris Maresca ( profile ), 11 Nov, 2011 @ 05:52pm

    What's the point of the URL at the bottom?

    So, if they don't want anyone to link to it, why are they putting a URL at the bottom?

    Inquiring minds want to know....

    Chris.

  • On the post: The Revolution Will Not Be Infringed Upon: Long Island Couple Files To Trademark 'Occupy Wall St.'

    Chris Maresca ( profile ), 26 Oct, 2011 @ 09:01am

    Not related

    These people are giving me a bad name....

  • On the post: Find A Massive Security Hole At American Express? If You're Not A Cardholder, It Doesn't Care

    Chris Maresca ( profile ), 11 Oct, 2011 @ 06:05pm

    whois americanexpress.com = amexdns@aexp.com

    security "researcher" == fail

  • On the post: Meghan McCain Slapped Down; Will It Be A SLAPP Down?

    Chris Maresca ( profile ), 10 Oct, 2011 @ 01:35pm

    Who on earth is Meghan Mcain?

    Never heard of her, can't be anyone I should care about. She should be happy a parody is giving her some attention...

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